Opinion
TC-MD 130317N
11-04-2013
CURT BANEY, INC. and CARLO TERRANOVA, Plaintiffs v. KLAMATH COUNTY ASSESSOR, Defendant.
FINAL DECISION OF DISMISSAL
ALLISON R. BOOMER MAGISTRATE, JUDGE.
This matter is before the court on its own motion to dismiss this case for lack of prosecution.
An uncontested trial was scheduled at 9:00 a.m. on November 4, 2013, to consider Plaintiffs' appeal. On September 18, 2013, the court sent notice of the scheduled trial to Plaintiffs at the email address Plaintiffs' authorized representative provided to the court. The notice was not returned as undeliverable. The notice advised that if Plaintiffs did not appear, the court might dismiss the appeal. Plaintiffs failed to appear for the November 4, 2013, uncontested trial and failed to provide an explanation for their failure to appear. Under such circumstances, the court finds the appeal must be dismissed for lack of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that Plaintiffs' Complaint is dismissed.